Santa Ana Municipal Code § 34-376 Management plan

Footnotes:

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Editor's note— Ord. No. NS-2755, § 3, adopted August 6, 2007, enacted provisions intended for use as article XII, §§ 34-180—34-185. Inasmuch as there are already provisions so designated, and at the direction of the city, said provisions have been redesignated as article XII, §§ 34-372—34-377.

This article is enacted to establish requirements and procedures for the evaluation of commercial and industrial common interest development projects. Such regulation is necessary to provide for the adequate maintenance of common areas, facilities and amenities, such as buildings, parking, ingress and egress, subjacent support, utilities and the like, in commercial and industrial common area interest development projects in order to support the continuing viability of such common interest projects and avoid conditions of neglect and blight. Additionally, such regulation is necessary to the support of a healthy local economy by preserving opportunities for large-scale commercial and industrial uses to avoid the conversion, fragmentation and diminution of large commercial and industrial buildings and lands within the city.

(Ord. No. NS-2755, § 3, 8-6-07)

The provisions of this article apply to all commercial and industrial common interest development projects.

(Ord. No. NS-2755, § 3, 8-6-07)

All commercial and industrial common interest development projects shall require application for and issuance of a tentative map.

(Ord. No. NS-2755, § 3, 8-6-07)

No tentative map for a commercial or industrial common interest development shall be issued unless all of the following conditions have been met and the applicant has agreed in writing to comply with all of these conditions:

(a) The applicant, at its sole cost, shall prepare, submit for prior review and approval by the city, and record concurrently with the final map, governing documents for the common interest development that include sufficient provisions for governance, funding and capitalization, and enforcement mechanisms, including enforcement by the city, to ensure that the common areas shall be adequately and safely maintained and repaired for the life of the common interest development and that such common area shall be retained for the use of all owners within the development. Prior to approval of the final map by the city, the applicant shall submit the proposed governing documents to the city for review, and approval as to form by the city attorney, for compliance with the requirements of this section.

(b) The applicant shall, at its sole cost, prepare grant deeds or reservations for all mutual or reciprocal easement rights which shall be reviewed by the city for compliance with the terms of this chapter, and shall upon city approval be recorded concurrently with the approved parcel or final map.

(c) Any other condition imposed by the planning commission or city council to accomplish the purposes of this chapter or for the preservation of public health, safety or welfare.

(Ord. No. NS-2755, § 3, 8-6-07)

An application for a tentative map for a commercial or industrial common interest development shall be accompanied by a management plan which sets forth a comprehensive representation of the project governance process, including but not limited to the following components:

(a) A maintenance plan which includes a long-term project maintenance schedule and operations standards to ensure maintenance of the site to a high standard.

(b) Proposed CC&R provisions setting forth the rules of project governance and management, including the establishment of a board of directors (duties, powers, election and replacement).

(c) A statement of the means of governing the management of vacant and/or unsold units.

(d) All ingress and egress easements, drainage easements, and reciprocal parking agreements, if necessary, between owners of the units, shall be included in the proposed CC&R's.

(Ord. No. NS-2755, § 3, 8-6-07)

No tentative map or final map for a commercial or industrial conversion project (as that term is defined in this chapter) shall be approved unless a special use permit has been issued by the city in accordance with the procedures and provisions of this article and the procedures and provisions of chapter 41 of this Code.

(Ord. No. NS-2755, § 3, 8-6-07)